What legal measures do real persons/families/groups have to impose "prior restraint" on aspects of a film?

What legal measures do real persons/families/groups have to impose "prior restraint" on aspects of a film? - White and Red Wooden House With Fence

Can persons or families of deceased persons use legal methods to impose "prior restraint" on aspects of a planned film about them they don't like, such as JFK, or Kurt Cobain? And what if the matters become more concerned about a larger group than individual persons, like WWI veterans/victims or religious leaders/groups?



Best Answer

A person's life isn't copyrighted (in the US at least). As long as the person you're making the film about is deceased, you can do what you like... for the most part. Here's an article by Mark Fowler, a legal specialist in this sort of case, (it's about writing but the laws are the same) from a legal writing blog and includes quotes from two major decisions on defamation of the deceased:

  • The dead have no cause of action for defamation under the common law, and neither do their survivors, unless the words independently reflect upon and defame the survivors.
    -Judge Robert Sack

  • There is no liability for defamation of the dead, either to the estate of the deceased or to the deceased's descendants or relatives.
    -Rodney Smolla

So, as you see here, filmmakers can generally do what they like as long as it doesn't also impact someone who's still alive.

Remember that their documents (books, papers, speeches, music, films, etc.) are copyrighted and a filmmaker can not use them without permission of the person who holds that copyright (usually a spouse or child). It is possible that the producer can make a claim of "fair use" but a film is often very expensive to make and if they lose, they may have to pay damages and the film may never be able to be released.

This was most clearly visible in the recent film Selma. This article from Vox explains why they believe the film opted not to use any of MLK's actual speeches in the film.

If Paramount had distributed a version of Selma that relied on fair use to justify using some King clips, and a court later ruled these uses were not actually fair, it would have been a financial disaster. Paramount could have been on the hook for big damages and could even have been forced to cancel showings of the movie and destroy its inventory of Selma DVDs. And the King estate is famously litigious, having sued both USA Today and CBS for quoting his "I Have a Dream" speech without permission. So rather than take that kind of gamble, studios almost always insist that works be licensed, even if a plausible fair use argument exists.




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What effect did the Hays Code have on films?

Remembering Hollywood's Hays Code, 40 Years On For more than three decades, the code applied rigid moral scrutiny to films, banning everything from interracial dating to "lustful kissing." It died officially in 1968 \u2014 but in practice, it was always taking hits.

What were the rules of the Hays Code?

\u201cThe Hays Code was this self-imposed industry set of guidelines for all the motion pictures that were released between 1934 and 1968,\u201d says O'Brien. \u201cThe code prohibited profanity, suggestive nudity, graphic or realistic violence, sexual persuasions and rape.

Which of these did the Motion Picture Production Code ban from being portrayed in the movies?

What Was The Production Code Of 1934? The Production Code of 1934 was a set of moral guidelines that were enforced from 1934 to 1968 by the Motion Picture Association of America. It prohibited profanity, nudity, drug use, and miscegenation as well as any suggestion that the law could be broken.

Why did the movie industry begin to censor films under Motion Picture Producers and Distributors of America President Will H Hays?

Why did the movie industry under the president of the Motion Picture Producers and Distributors of America Will H. Hays begin to censor films? A. Because Hollywood wanted to be responsible and not produce films that would lead to criminal or immoral behavior.



The Permission Society: How the Ruling Class Turns Our Freedoms into Privileges (2016)




Sources: Stack Exchange - This article follows the attribution requirements of Stack Exchange and is licensed under CC BY-SA 3.0.

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